Goto Main Content
:::

Chapter Law Content

Title: Telecommunications Management Act CH
Category: National Communications Commission(國家通訊傳播委員會)
Chapter III Facilitating Market Competitiveness
Section 2 Special Control Measures
Article 29
The competent authority may order enterprises with significance in the specific telecommunications service market to disclose necessary information, conditions, procedures and expenses in terms of interconnection, network access components or use of telecommunications infrastructure.
The types, arrangement and disclosure methods of the necessary information as described in the preceding paragraph shall be promulgated by the competent authority.
Article 30
The competent authority may order enterprises with significance in the specific telecommunications service market to ensure that the agreements made with respect to interconnection, network access components or use of telecommunications infrastructure are fair and reasonable without any discrimination.
The “non-discrimination” as described in the preceding paragraph refers to the fact that the quality, price, conditions and information stipulated under the agreements offered to telecommunications enterprises by the enterprises with market significance are not inferior to that provided to the subsidiaries, affiliates or partners thereof.
Article 31
The competent authority may request those with significance in the specific telecommunications service market to provide interconnection, network access components or relevant telecommunications infrastructure.
When making a decision for the preceding paragraph, the competent authority shall take the following matters into consideration:
1. The feasibility and economic rationalization of technology provided to the network component or telecommunications infrastructure.
2. The necessity of maintaining long-term competition in the market.
3. Motivation to establish the telecommunications infrastructure.
Those with market significance shall reach an agreement within 3 months after other telecommunications enterprises propose or request to amend the proposal in terms of interconnection, network access components or related telecommunications infrastructure. Where an agreement cannot be made within 3 months, either party may apply for a ruling with the competent authority, and those with significance in the market shall follow the results of ruling.
With respect to interconnection, network access component or related telecommunications infrastructure provided by those with market significance, the rules governing the scope of use, cost attribution, segmented network components, establishment, co-installation and adoption of network interconnection points, rate calculation, interconnection agreement terms, ruling procedures and other related matters shall be promulgated by the competent authority.
Article 32
The competent authority may order those with significance in the specific telecommunications service market to, within a prescribed period, draw up a template agreement related to the preceding article and publish it upon receipt of the competent authority’s approval. When applying any amendments, the same rule shall be applied thereto.
The content of the template agreement as described in the preceding paragraph shall include arrangements on the price and conditions, technology, procedures and schedule.
Article 33
The competent authority may prohibit those with significance in the specific telecommunications service market from setting the service fee that may cause a cross-subsidy, price squeeze or any other abuse of power and hence impede fair competition.
Where any circumstance described in the preceding paragraph exists according to the investigation, the competent authority may adopt fee control measures for those with significance in specific telecommunications service markets.
With respect to those with significance in the specific telecommunications service market, the competent authority may adopt fee control measures for the provision of interconnection and network access component or for the use of telecommunications related infrastructure.
When adopting fee control measures as described in the preceding paragraph, the competent authority shall take reasonable remuneration and investment risks of new technology invested by those with significance in the market into consideration.
Those with significance in the market are obliged to provide evidence that supports the calculation of costs and reasonable recycling of investment measures; and shall provide relevant data, information, costs and other necessary documents.
With respect to rules governing fee control measures, items, implementation methods, fee review procedures, management and other related matters shall be promulgated by the competent authority.
Article 34
To implement special control measures, the competent authority may order those with significance in specific telecommunications service market to establish an accounting separation system.
With respect to the accounting separation system as described in the preceding paragraph, the enterprise shall make the manual of accounting operating procedures and submit it to the competent authority for approval before implementing such. When applying any amendments, the same rules shall be applied.
The accounting separation methods and principles as described in the preceding two paragraphs; cost separation principles; stipulation and review of accounting operating procedures; administration management standards; and other related matters shall be promulgated by the competent authority.
Article 35
Based on the principle of equality and reciprocity, and according to international conventions and agreement, the competent authority may set the individual international roaming service provided by the telecommunications enterprise as a special telecommunications service market and order telecommunications enterprises that provide international roaming services to adopt measures as prescribed in Articles 29 and 33.